Minutes: Development Control 22.02.07
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THREE RIVERS DISTRICT COUNCIL
At a meeting of the Development Control Committee held in the Penn Chamber, Three Rivers House, Rickmansworth, on 22 February 2007 from 7.30pm to 10.50pm.
Present:- Councillors Sara Bedford (Chairman), Geoffrey Dunne (Vice Chairman), Phil Brading, Chris Lloyd, Amrit Mediratta, Ann Shaw OBE, Nena Spellen, Ron Spellen, Leonard Spencer, Richard Struck and Mark Weedon
Officers:- Geof Muggeridge, Kimberley Rowley, Laurence Moore, Sara Whelan and Sarah Haythorpe
Also in attendance: - Councillors Tony Barton, Barbara Lamb MBE and David Sansom
Apologies for absence were received from: Councillor Chris Brearley CB
DC174/06 MINUTES
The Minutes of the meeting held on 25 January 2007 were confirmed as a correct record, subject to the following paragraph being added under Minute DC167/06, and were signed by the Chairman.
Councillor Amrit Mediratta said that whilst the replacement house was of a high quality design, the applicant had given no plausible reasons why the existing Queen Anne style house should be demolished and as the presumption in conservation areas is against demolition. He supported the Officers recommendation to refuse permission.
DC175/06 ANY OTHER BUSINESS
No items were submitted.
DC176/06 DECLARATION OF INTERESTS
Councillor Sara Bedford declared a non prejudicial interest in agenda item 17 (07/0019/FUL - Outline Application: Demolition of workshop, small store and disused bungalow and the erection of a steel framed building to be used as a Farm Shop with associated office, storage and preparation area at WOODLANDS POULTRY FARM, WOODLANDS ROAD, NASH MILLS for Mr R Brazier) and agenda item 18 (07/0069/FUL – Erection of a sports pavilion with associated parking, gated access and replacement of cesspool at SPORTS AND SOCIAL CLUB, LEAVESDEN PAVILION, WOODSIDE ROAD, ABBOTS LANGLEY WD25 OLA for Three Rivers District Council) as a member of the Abbots Langley Parish Council.
DC177/06 05/1803/FUL & 05/1802/LBC – Conversion and renovation of Hall House (timber frame barn) into separate residential use at the HALL HOUSE, 2 THE STABLES, SARRATT ROAD, CROXLEY GREEN
The Planning Officer reported that further details illustrating the retention and reuse of existing timbers had been submitted in plan form. In addition, a window sample illustrating the materials to be utilised was submitted with final elevation details.
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 1 - Councillor Ann Shaw expressed concern that the architect pictures showed the huge amount of new wood to be used and the joints had been replaced by steel. It was a new build not a restoration.
RESOLVED:
With regard to condition 14 (specification and schedule) the submitted document is acceptable including plan R07 Rev A and plans R 10 & R 11. Notwithstanding, there are outstanding aspects of this condition which need to be agreed on site. As such this condition should not be discharged until all information has been received.
However, it is recommended that site works can commence and any further information is submitted and considered under delegated powers by the Director of Leisure and Environment.
It was recommended:
With regard to condition 3 (specification and schedule) of Listed Building Consent 05/1802/LBC the submitted document is acceptable including plan R07 Rev A and plans R 10 and R 11. Notwithstanding, there are outstanding aspects of this condition which need to be agreed on site. As such this condition should not be discharged until all information has been received.
However, it was recommended that site works can commence and any further information is submitted and considered under delegated powers by the Director of Leisure and Environment.
DC178/06 06/1537/FUL – Conversion of garage to habitable accommodation to form self-contained annexe at ST AUBINS, TOMS LANE, KINGS LANGLEY WD4 8NY for Mr J Heath
The Planning Officer reported that this application was presented to Committee in October 2006 with planning permission granted subject to conditions and a Section 106 Agreement limiting the use of the annexe. The Section 106 Agreement had not been signed and it was recommended that planning permission be approved solely subject to conditions. Legal advice was that conditions would be appropriate to ensure the annex building remained ancillary to the main dwelling.
Councillor Ann Shaw raised concerns that although legal advice was that conditions would be appropriate the Committee were of the opinion that a Section 106 Agreement was preferred and if the applicant refused to sign this Agreement then the Committee would be minded to refuse permission.
The Planning Officer advised there was no indication from the applicant on why they would not sign the Section 106 Agreement. Legal advice was that this type of use could be restricted by condition. Members noted the Council would be introducing a monitoring mechanism to enable an annual review that requests applicants to advise if the annex was being used for its intended use. It was noted that if no response was received further investigation would be made.
In response to Members concerns that they required a Section 106 Agreement, the Planning Officer advised that if the applicant continued to refuse to sign a Section 106, and the Committee were minded to refuse the application, the applicant could appeal the decision.
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 2 - Councillor Leonard Spencer advised that at the October meeting concerns had been raised about the new dwelling in the Green Belt and this was one of the reasons why the Committee had requested a Section 106 Agreement rather than conditions. The Planning Officer explained that conditions were appropriate for this type of use and if the Committee were minded to refuse the application it may be difficult for the Council to defend this decision at an appeal.
Members asked if it would be acceptable to advise the applicant that if they did not sign a Section 106 Agreement, the Committee would be minded to refuse the application. Councillor Ann Shaw moved refusal, duly seconded, on the grounds of unacceptable precedent for additional accommodation in the Green Belt. Officers noted that an annex was not independent accommodation.
Councillor Ann Shaw stated that by the applicant refusing to sign a Section 106 Agreement they were demonstrating that the accommodation might be used as a separate dwelling. The Chief Development Control Officer advised that the applicant was willing to accept conditions. It was noted that a Section 106 Agreement could be challenged after 5 years.
Councillor Geoffrey Dunne, seconded by Councillor Richard Struck moved the recommendation to grant planning permission.
On being put to the Committee the proposal GRANT PLANNING PERMISSION was REFUSED the voting being 5 For, 6 Against and No Abstentions.
The Committee said that there was a requirement to protect and maintain the Green Belt and allowing this annex would set an unacceptable precedent of additional accommodation in the Green Belt.
On being put to the Committee the proposal to REFUSE PLANNING PERMISSION on the grounds of an unacceptable precedent of additional accommodation in the Green Belt was CARRIED the voting being 7 For, 3 Against and 1 Abstention.
RESOLVED:
That PLANNING PERMISSION BE REFUSED for the following reason:-
R1 In the absence of any ‘very special circumstances’ the proposal would result in an unacceptable precedent of additional residential accommodation in Metropolitan Green Belt to the detriment of the openness of the Metropolitan Green Belt, contrary to policies GB1 and GB9 of the Three Rivers Local Plan 1996-2011.
DC179/06 06/1945/FUL – Single storey rear extension , first floor rear extension, roof alterations and alterations to front and rear elevations at THE BARN, THE GREEN, SARRATT, HERTS WD3 6BP for Mr and Mrs D Bowden
The Planning Officer reported that additional property history had been received for application 75/0206/FUL - Erection of building to enclose swimming pool which had been permitted. The agent had submitted historical information illustrating that the building had been a single dwelling since 1954. It appeared that alterations had occurred to the dwelling since the photograph taken in 1964, a first floor side extension had been erected up to the shared boundary
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 3 - with Old Red Lion Farm. There were three dormer windows on the front elevation compared to one dormer window shown in the photograph from 1964.
Councillor Leonard Spencer said that following the site visit the proposal showed good and bad points. He had no objection to the conversion of the front of the building and the rear elevation was acceptable, but did have concerns with the side elevation in relation to the listed building, the conservatory design and the impact this would have on the listed building next door.
Members of the Committee made the following points on the application: the proposed conservatory design and glazing was inappropriate; the idea of the velux windows was not appropriate; 30% total increase in floor area was acceptable; Raised concerns with the insensitive pitch roof design at the back of the property.
Councillor Tony Barton said the design at the rear of the property was a concern but the proposed development was a good attempt to improve the property which was currently in poor state. The car parking allocated for the development would be adequate.
In accordance with accordance with Council Procedure Rule 36(b) (Representations at Committee etc) Mr John Orchard spoke in favour of the application and Mr Groom spoke against the application.
Councillor Ann Shaw duly moved that the application be referred back to the applicant, supported by Councillor Leonard Spencer, to seek amendments to the design of the rear extension, including the conservatory, that would be more acceptable.
In response to Members concern on the permitted development and extensions allowed on the property, the Planning Officer advised that the photograph submitted, taken in 1964 did show a 1st floor side extension. Three planning records had been found one from 1975 for the erection of a building to enclose the swimming pool, one in 2005 for a first floor extension and 2006 a single storey extension for a utility room.
Members agreed to defer the application to seek amendments to the design of the rear extension and to report back at the next Committee meeting.
RESOLVED:
That the application be deferred to seek amendments to the design of the rear extension and report back to the next Committee meeting.
DC180/06 06/1984/FUL – Creation of all weather surface ménage at LAND BETWEEN BUCKS HILL AND BOTTOM LANE, BUCKS HILL, SARRATT WD4 9AP for Mr G L Tomkins
The Planning Officer reported an updated condition was suggested to ensure the use of the ménage was controlled. The suggested wording for the condition was:
“The ménage hereby permitted shall be used only for horses and ponies which are kept on the site (Petherick Pastures, Bucks Hill, Sarratt) and which belong to the applicant Mr G. L. Tomkins and his immediate family. Under no
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 4 - circumstances shall the ménage hereby permitted be used for commercial purposes, nor shall the site be used as a riding school (whether incidental or otherwise).
REASON: Any such further use would require a full evaluation of the impact upon this rural locality in the Metropolitan Green Belt and the amenities of nearby residential properties in accordance with Policy GB1 of the Three Rivers Local Plan 1996-2011.”
Councillor Leonard Spencer advised that this riding establishment was getting noticeable in the Green Belt and agreed with the Parish Council that its use was a nuisance to the neighbours and was concerned the increased activity and loss of pasture would be noticeable. If permission was granted, then the equestrian activity should be restricted by condition to family members and not for commercial activity.
The Chairman suggested that an additional condition be included that no more than two horses should be exercised at any one time to ensure low level use in the Green Belt. Councillor Ann Shaw said that to limit the number of horses exercised in the ménage would be an inappropriate condition as it would force the riders onto the road.
In accordance with accordance with Council Procedure Rule 36(b) (Representations at Committee etc) Mr G Tomkins spoke in favour of the application.
Councillor Tony Barton raised concern about the nature of the ménages in Sarratt as complaints on noise and entertainment had been received and suggested that conditions be imposed.
On being put to the Committee the proposal to add an additional condition that no more than two horses be exercised on the ménage at any one time was REFUSED the voting being 1 For, 10 Against and No abstentions.
On being put to the Committee the proposal to GRANT PLANNING PERMISSION was CARRIED the voting being unanimous.
RESOLVED:
That Planning Permission be GRANTED subject to the following conditions:-
C1 Standard time limit
The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
REASON: In pursuance of Section 91(1) of the Town and Country Planning Act 1990.
C2 Wildlife protection scheme
There shall be no materials, debris, vehicles or machinery associated with this development stored or, used within the Wildlife Site.
REASON: In the interests of the adjacent Wildlife Site in accordance with Policy N1 of the Three Rivers Local Plan 1996 – 2011.
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 5 - C3 Not for commercial purposes
The ménage hereby permitted shall be used only for horses and ponies which are kept on the site (Petherick Pastures, Bucks Hill, Sarratt) and which belong to the applicant Mr G. L. Tomkins and his immediate family. Under no circumstances shall the ménage hereby permitted be used for commercial purposes, nor shall the site be used as a riding school (whether incidental or otherwise).
REASON: Any such further use would require a full evaluation of the impact upon this rural locality in the Metropolitan Green Belt and the amenities of nearby residential properties in accordance with Policy GB1 of the Three Rivers Local Plan 1996-2011.”
C4 Horse jumps
No more than 5 individual horse jumps or other similar associated equestrian equipment shall be used in the confines of the ménage at any one time.
REASON: In the interests of visual amenity in the Green Belt in accordance with Policy GB1 of the Three Rivers Local Plan 1996-2011.
C5 Lighting
No external lighting shall be installed on the site or affixed to any buildings on the site at any time.
REASON: In the interests of visual amenity and to meet the requirements of Policy GB1 of the Three Rivers Local Plan 1996 - 2011.
C6 Archaeological site
No development shall take place within the development site until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the planning authority.
REASON: In the interest of the surrounding archaeological sites and to meet the requirements of Policy C14 of the Three Rivers Local Plan 1996 - 2011.
INFORMATIVES:
I1 Subject to the conditions attached to this permission, the proposed alterations would be in compliance with Policies GB1, N1, N2, N3, N15, N16, N17, C1, C8, C9, C14 GEN3 and Appendix 2 of the Three Rivers Local Plan 1996-2011 (adopted 2001), and would not have a significant adverse effect on the residential amenities of any neighbouring properties or otherwise result in demonstrable harm, to such an extent to justify the refusal of planning permission.
I2 The adjacent public footpath (Sarratt PF 011) shall be protected to a minimum width of two metres, and shall remain unobstructed by
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 6 - vehicles, machinery, materials, tools and any other aspects of construction during works at all times. The condition of these routes must not deteriorate as a result of these works. Any adverse affects to the surface from traffic, machinery or materials are to be made good by the applicant to the satisfaction of the authority.
DC181/06 06/1999/FUL – Erection of a four storey building comprising six, two bedroom flats over undercroft at BURY MEADOWS, RICKMANSWORTH WD3 1DR for Vectis Property Group
Councillor Ann Shaw moved refusal, seconded by Councillor Geoffrey Dunne, as this was an unsatisfactory development.
In accordance with accordance with Council Procedure Rule 36(b) (Representations at Committee etc) Ms Ruth Lake spoke against the application.
On being put to the Committee the proposal to REFUSE PLANNING PERMISSION was CARRIED unanimously.
RESOLVED:
That Planning Permission be REFUSED for the following reasons:-
R1 The proposed development fails to comply with Policies H14, GEN3 and Appendix 2 of the Three Rivers Local Plan 1996 – 2011 in that it results in an obtrusive form of development that has a detrimental impact on the character of the area and the amenities of surrounding residential properties by reason of poor layout, siting, design, elevations, materials, loss of privacy and overlooking.
R2 The proposed development fails to comply with Policies N4 and N5 of the Three Rivers Local Plan 1996 – 2011 in that the site lies within a flood zone. The applicant has failed to submit a flood risk assessment as required by PPG 25. In the absence of flood risk assessment it has not been demonstrated if the development would have an acceptable impact on existing water resources or affect flood prevention and river corridors.
INFORMATIVE:
I1 The applicant is advised that a correct certificate and notices should be served and submitted with any subsequent proposals for development on this site, as required by the Town and Country Planning Act 1990 and the Town and Country General Development Procedure Order 1995. DC182/06 06/2209/FUL – Demolition of 2 dwellings (18 and 20 Ebury Road) and erection of 8 semi-detached dwellings and conversion of existing workshop to flat and associated landscaping and parking at LAND REAR OF AND INCLUDING 18-20 EBURY ROAD, RICKMANSWORTH, for Brookworth Developments Ltd
06/2210/CAC – Conservation Area Consent: Demolition of 2 dwellings (18 and 20 Ebury Road) at LAND REAR OF AND INCLUDING 18-20 EBURY ROAD, RICKMANSWORTH, WD3 1BN for Brookworth Developments Ltd
The Planning Officer reported that the applicant had confirmed that this development would incorporate “resident permit restricted parking”, i.e.
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 7 - residents cannot apply for a parking permit for roads in Rickmansworth Town Centre. The description of the development had been amended to:
“06/2209/FUL – Demolition of 2 dwellings (18 and 20 Ebury Road) and erection of 8 semi-detached dwellings with resident parking permit restriction and conversion of existing workshop to flat and associated landscaping and parking at LAND REAR OF AND INCLUDING 18-20 EBURY ROAD, RICKMANSWORTH, for Brookworth Developments Ltd”
Councillor Richard Struck sought clarification on the car parking at the rear of the houses. The Planning Officer advised there would be private parking for the houses and flats and the remainder would be used to serve the existing businesses. Each house would have two car parking spaces.
Councillor Richard Struck expressed concern that the rear communal parking courtyards would be vulnerable to crime and were potential gathering points for persons, which carried the risk of crime and anti social behaviour. Concerns were also raised that the movement around the site by HGV’s vehicles servicing the shops and businesses would be difficult and asked if this could be addressed.
The Chief Development Control Officer advised that amendments to the description to cover resident permit restrictions could be made and the head of terms of the Section 106 Agreement could require a parking management plan for the site.
In response to a Members concerns on progress to replace the trees to be lost on the site, the Planning Officer advised the distance from the rear of the houses and the boundary had been increased and would include replacement planting as part of the landscaping.
It was noted that deliveries to the public house would continue and turning diagrams had been submitted. The proposed layout of the site had made provision for a loading bay at the rear of the public house.
Councillor Ann Shaw requested that the existing right of way should be opened up.
The Chairman stated that there was no indication to block the public right of way or stop the public from using the right of way and would be required as part of the Section 106 Agreement.
On being put to the Committee the proposal to GRANT PLANNING PERMISSION was CARRIED the voting being 8 For, 2 Against and 1 Abstention, subject to an amendment to the description to cover resident permit restrictions and additional head of terms of Section 106 Agreement to require a parking management plan.
RESOLVED:
That planning application 06/2209/FUL be delegated to the Director of Leisure and Environment to GRANT PLANNING PERMISSION subject to:-
(i) The completion of the public consultation period.
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 8 - (ii) The completion of a Section 106 Agreement requiring dedication of land as public right of way, parking management plan, and contributions towards libraries and youth and childcare provision, and the following conditions:-
C1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
REASON: To meet the requirements of Section 91 of the Town and Country Planning Act 1990 and the Planning and Compulsory Purchase Act 2004.
C2 Before the building operations hereby permitted are commenced, samples and details of the proposed external materials (including window frames) shall be submitted to and approved in writing by the Local Planning Authority and no external materials shall be used other than those approved.
REASON: To ensure the external appearance of the building is satisfactory, and meets the requirements of Policies C1 and GEN3 of the Three Rivers Local Plan 1996 – 2011.
C3 The development shall not commence until full details (including design, materials, height and type of all boundary treatment(s) has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to the first occupation of the development or phased as agreed in writing by the Local Planning Authority. The approved scheme shall be maintained thereafter at all times.
REASON: To safeguard the visual amenities of neighbouring properties and the locality and to meet the requirements of Policies C1 and GEN3 of the Three Rivers Local Plan 1996 – 2011.
C4 Prior to the commencement of development, details of the existing site levels and the proposed finished floor levels and sections of the proposed buildings shall be submitted to and approved in writing by the Local Planning Authority. The constructed development shall not vary from the approved levels.
REASON: In order to ensure a satisfactory form of development relative to surrounding buildings and landscape and to meet the requirements of Policy GEN3 and Appendix 2 of the Three Rivers Local Plan 1996 – 2011.
C5 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme of hard and soft landscaping, which shall include the location of all existing trees and hedgerows affected by the proposed development, and details of those to be retained, together with a scheme detailing measures for their protection in the course of development; the approved landscaping scheme (with the exception of planting, seeding and turfing) shall be implemented prior to the occupation of any of the building(s) hereby approved and retained.
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 9 - REASON: To protect the visual amenities of the area, trees and to meet the requirements of Policies C1, GEN3, N15, N16, D6 & Appendix 2 of the Three Rivers Local Plan 1996 – 2011.
C6 No trees, hedgerows or shrubs within the curtilage of the site, except those shown on the approved plan(s) or otherwise clearly indicated in the approved details as being removed, shall be felled, lopped or pruned, nor shall any roots be removed or pruned without the prior consent of the Local Planning Authority during development and for a period of five years after completion of the development hereby approved. Any topping or lopping approved shall be carried out in accordance with BS 3998 (Tree Works). Any trees, hedgerows or shrubs removed or which die or become dangerous, damaged or diseased before the end of a period of five years after completion of the development hereby approved shall be replaced with new trees, hedging or shrub species (of such size species and in such number and position as maybe agreed in writing), before the end of the first available planting season (1 November to 31 March) following their loss or removal.
REASON: To protect the visual amenities of the area, trees and to meet the requirements of Policies C1, GEN3, N15, N16, D6 and Appendix 2 of the Three Rivers Local Plan 1996 – 2011.
C7 Prior to the commencement of development a method statement shall be submitted in writing for the approval of the Local Planning Authority to include details of timetables of works, method of demolition, removal of material from the site, importation and storage of building material on the site, details and depths of underground service routes, methods of excavation and construction methods, in particular the proposed tree protection methods and the excavations where they lie close to trees. The development shall only be implemented in accordance with the approved method statement.
REASON: To protect the visual amenities of the area, trees and to meet the requirements of Policies C1, GEN3, N15, N16, D6 & Appendix 2 of the Three Rivers Local Plan 1996 – 2011.
C8 No development shall take place within the proposed development site until the applicant, or their agents, or their successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation, which has been submitted to the planning authority and approved in writing. The development shall only take place in accordance with the detailed scheme pursuant to this condition. The archaeological work shall be carried out by a suitably qualified investigating body, approved in writing by the Local Planning Authority.
REASON: To allow adequate archaeological investigation before any archaeological remains are disturbed by the approved development and to meet the requirements of Policies C1 and C14 of the Three Rivers Local Plan 1996 – 2011.
C9 Demolition and Construction work on the site shall not take place other than between the hours of 08.00 and 17.00 Mondays to Fridays, and between the hours of 09.00 to 13.00 on Saturdays.
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 10 - REASON: To protect the amenities of the surrounding residential properties and meet the requirements of Policy N14 of the Three Rivers Local Plan 1996 - 2011.
C10 No additional windows shall be inserted to the side elevations (east and west) of the buildings hereby permitted.
REASON: To protect the amenities of the surrounding residential properties and the character and appearance of the Conservation Area and to meet the requirements of Policies C1 and GEN3 of the Three Rivers Local Plan 1996 - 2011.
C11 Surface water source control measures shall be carried out in accordance with details, which shall have been submitted to and approved in writing by the Local Planning Authority before development commences.
REASON: To prevent the increased risk of flooding off-site and to improve water quality and to meet the requirements of Policies N4 and N5 of the Three Rivers Local Plan 1996 - 2011.
C12 Before the development is commenced a detailed site investigation shall be carried out to establish if the site is contaminated, to assess the degree and nature of the contamination present, and to determine its potential for the pollution of the water environment. The method and extent of this site investigation shall be agreed with the Planning Authority prior to commencement of the work. Details of appropriate measures to prevent pollution of groundwater and surface water, including provisions for monitoring, shall then be submitted to and approved in writing by the Planning Authority before development commences. The development shall then proceed in strict accordance with the measures approved.
REASON: To prevent pollution of the water environment and to meet the requirements of Policy GEN 5a of the Three Rivers Local Plan 1996 - 2011.
C13 No soakaways shall be constructed in contaminated ground.
REASON: To prevent pollution of groundwater and to meet the requirements of Policies GEN5a, N4 and N5 of the Three Rivers Local Plan 1996 - 2011.
C14 Prior to the commencement of development, an elevation drawing of not less than 1:50 scale providing full details of the elevations shall be submitted to the Local Planning Authority for approval in writing.
REASON: To ensure that the design meets the objectives of Policy C1 of the Three Rivers Local Plan 1996 – 2011.
C15 The development shall not begin until details of the construction of the proposed access have been submitted to and approved in writing by the Local Planning Authority in conjunction with the Highway Authority. No part of the development shall be occupied until the access has been sited and laid out in accordance with the approved drawing 2572/1 A (or any subsequent amendment agreed in writing by the Local Planning Authority) and constructed in accordance with the approved details.
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 11 - REASON: To minimise danger, obstruction, and inconvenience to users of the highway and access and to meet the requirements of Policy T7 of the Three Rivers Local Plan 1996 – 2011.
C16 The development shall not begin until details of the disposal of surface water from the access have been submitted to and approved in writing by the Local Planning Authority in conjunction with the Highway Authority. No part of the development shall be occupied until the works for the disposal of surface water have been constructed in accordance with the approved details.
REASON: To minimise danger, obstruction, and inconvenience to users of the highway and to meet the requirements of Policy T7 of the Three Rivers Local Plan 1996 – 2011.
C17 Within one month of the new access being brought into use, all other existing access points not incorporated into the development hereby permitted shall be stopped up by raising the existing dropped kerb and reinstating the footway, verge and highway boundary to the same line, level and detail as the adjoining footway, verge and highway boundary.
REASON: To limit the number of access points along the site boundary for the safety and convenience to users of the highway and to meet the requirements of Policy T7 of the Three Rivers Local Plan 1996 – 2011.
C18 No part of the development shall be occupied until the scheme for garaging, parking and manoeuvring indicated on the submitted drawing 2572/1A (or any subsequent amendment agreed in writing by the Local Planning Authority) has been laid out and made available for use and that area shall not thereafter be used for any other purpose.
REASON: To enable vehicles to draw off, park and turn clear of the highway to minimise danger, obstruction, and inconvenience to users of the highway and to meet the requirements of Policy T7 of the Three Rivers Local Plan 1996 – 2011.
C19 Prior to the commencement of demolition works details of the method of washing of vehicle wheels exiting the site shall be submitted to and approved in writing by the Local Planning Authority in conjunction with the Highway Authority and the agreed method shall be operated at all times during the period of site works.
REASON: To minimise danger, obstruction and inconvenience to users of the highway and to meet the requirements of Policy T7 of the Three Rivers Local Plan 1996 – 2011..
C20 Prior to the commencement of the site works details of on-site parking for all contractors, sub- contractors, visitors and delivery vehicles shall be approved in writing by the Local Planning Authority in conjunction with the Highway Authority and that area shall be maintained available for use at all times during the period of site works.
REASON: To minimise danger, obstruction and inconvenience to users of the highway and to meet the requirements of Policy T7 of the Three Rivers Local Plan 1996 – 2011.
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 12 - C21 No part of the development shall be occupied until visibility splays have been provided on both sides of the access between a point 2.4 metres along the centre line of the access measured from the edge of the carriageway and 60 metres along the edge of the carriageway measured from the intersection of the centre line of the access. The area contained within the visibility splays shall be kept free of any obstruction.
REASON To provide adequate intervisibility between the access and the highway for the safety and convenience of users of the highway and the access and meet the requirements of Policy T7 of the Three Rivers Local Plan 1996 – 2011.
INFORMATIVES:
I1 Subject to the imposition of conditions attached to this permission, the proposed dwellings would not have a significant adverse effect on the residential amenities of any neighbouring properties, or the visual amenities of the Conservation Area. It also meets the objectives of Proposal Site H15 and would comply with Policies GEN 1, GEN1a, GEN3, GEN 5a, N4, N5, N14, N15, N16, N17, C1, C2, C14, D1, D2, D3, D6, D8, D9, H1, H3, H4, H14, T7, T8 and Appendices 1, 2 and 3. of the Three Rivers Local Plan 1996- 2011 (adopted 2001).
I2 Before commencing the development the applicant shall contact the South West Highways Area Office, Shire House, Bridle Path, Watford, WD17 1AL to obtain i) their permission/requirements regarding access for vehicles involved in the demolition of the existing and construction of the new dwelling; ii) a condition survey of any adjacent highways which may be affected by demolition and construction vehicles together with an agreement with the Highway Authority that the developer will bear all costs in reinstating any damage to the highway.
I3 Works to be undertaken on the adjoining Highway will require an Agreement with the Highway Authority. Before commencing the development the applicant shall contact the South West Highways Area Office to obtain their permission/requirements. This is to ensure any works undertaken in the highway is constructed in accordance with the Highway Authority’s specification and by a contractor who is authorised to work in the public highway.
I4 The applicant is encouraged to incorporate energy saving and water harvesting measures when implementing this permission. Information is available from the Council’s Building Control Section, who may be contacted on 01923 727138, and on the website www.threeriversbuildingcontrol.co.uk. Any external changes to the building which may be subsequently required should be discussed with the Council’s Development Control Section prior to the commencement of work.
That application 05/2210/CAC be delegated to the Director of Leisure and Environment to GRANT CONSERVATION AREA CONSENT subject to the following conditions:-
C1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 13 - REASON: In pursuance of Section 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990.
C2 The demolition hereby permitted shall not be undertaken before planning permission has been granted for the redevelopment and a contract for the carrying out of the works of redevelopment of the site has been made.
REASON: To ensure that premature demolition does not take place before development works start in order that the visual amenities of the area are safeguarded and to meet the requirements of Policy C1 of the Three Rivers Local Plan 1996 - 2011.
C3 Prior to the commencement of development a method statement shall be submitted in writing for the approval of the Local Planning Authority to include details of timetables of works, method of demolition, removal of material from the site, importation and storage of building material on the site, details and depths of underground service routes, methods of excavation and construction methods, in particular the proposed tree protection methods and the excavations where they lie close to trees. The development shall only be implemented in accordance with the approved method statement.
REASON: To protect the visual amenities of the area, trees and to meet the requirements of Policies GEN3, N15, N16, D6 and Appendix 2 of the Three Rivers Local Plan 1996 – 2011.
C4 Demolition and Construction work on the site shall not take place other than between the hours of 08.00 and 17.00 Mondays to Fridays, and between the hours of 09.00 to 13.00 on Saturdays.
REASON: To protect the amenities of the surrounding residential properties and to meet the requirements of Policy N14 of the Three Rivers Local Plan 1996 – 2011.
C5 No development shall take place within the proposed development site until the applicant, or their agents, or their successors in title, has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation, which has been submitted to the planning authority and approved in writing. The development shall only take place in accordance with the detailed scheme pursuant to this condition. The archaeological work shall be carried out by a suitably qualified investigating body, approved in writing by the Local Planning Authority.
REASON: To allow adequate archaeological investigation before any archaeological remains are disturbed by the approved development and to meet the requirements of Policies C1 and C14 of the Three Rivers Local Plan 1996 - 2011.
INFORMATIVE:
I1 Before commencing the development the applicant shall contact the South West Highways Area Office, Shire House, Bridle Path, Watford, WD17 1AL to obtain i) their permission/requirements regarding access for vehicles involved in the demolition of the existing and construction of
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 14 - the new dwelling; ii) a condition survey of any adjacent highways which may be affected by demolition and construction vehicles together with an agreement with the Highway Authority that the developer will bear all costs in reinstating any damage to the highway.
DC183/06 06/2241/FUL – Demolition of existing buildings and erection of three buildings (two and a half storeys) comprising 18 flats (12 x 2-bed and 6 x 1-bed) with associated access, parking and landscaping at 134 WATFORD ROAD, CROXLEY GREEN WD3 3DR for Oakbridge Homes
The Planning Officer reported that the applicant had submitted a unilateral undertaking which the County Council were satisfied with in terms of content. The final version was awaiting approval from the Solicitors. It was recommended that the application be delegated to the Director of Leisure and Environment to grant planning permission.
Councillor Phil Brading said the application had addressed a number of points raised with the previous application and the subsequent planning appeal. The design of the site was a concern although it was accepted the buildings were lower in height with additional one bedroom flats. He said the privacy of the houses in Watford Road was a concern as the site would be accessible by the public and would compromise the security and privacy of the residents, especially No. 130. Concern was raised that the access road needed to be wider, the parking bay arrangements were awkward and the amount of wall that would be accessible to people who may have the wrong intent to access the rear gardens was a concern.
In accordance with Council Procedure Rule 36(b) (Representations at Committee etc) Mr Mike Lake spoke in favour of the application and Mr Matt Elms spoke against the application.
Councillor Amrit Mediratta commented on the accessibility and location of the recycling and refuse enclosure. The Planning Officer advised the north apartments 7-12, north east apartments 7-18 and south apartments 1-6 would be accessible by the refuse vehicles.
The Committee noted the heights of the buildings had been reduced to 9 metre high ridges and 5.5 metre high eaves. The height of the proposed buildings were considered to be in keeping with the heights of the existing houses surrounding the site.
Members requested confirmation that the windows to be installed in the north elevations of all the buildings should be obscure glazing with top opening only. It was noted this would be covered by Condition 7.
Concern was raised by Councillor Chris Lloyd that the parking would overspill into Watford Road and it would be difficult to insist on additional parking without a Highways objection.
Councillor Phil Brading commented on the need for refuse vehicles to access the site and the requirement to ensure that access through the tunnel within the apartments would be high enough for refuse vehicles to drive through. Councillor Leonard Spencer said a turning area must be provided for vehicles to turnaround as vehicles reversing onto Watford Road was not acceptable. The Planning Officer advised the height of the proposed tunnel was 2.7m but would not be high enough for full size refuse vehicles to drive through and a refuse
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 15 - operative would need to collect the refuse on foot via the footpath to the flats affected.
The Chief Development Control Officer advised that the Environmental Protection Team had been given the opportunity to look at the plans but had made no comments.
Members requested a condition be included on a management plan for parking on the site.
Councillor Leonard Spencer stated the existing 2.6 metre high brick wall was a significant feature and it was important the wall stayed and was not damaged or replaced and asked that Condition C3 be strengthened to protect the wall.
The Chief Development Control Officer suggested that the Committee seek clarification from the Environmental Protection Team to confirm whether they had any objections. It was noted that if the Environmental Protection Team did raise an objection, then the Committee could delegate to the Director of Leisure and Environment (DLE) to refuse the application on the relevant grounds. If no objection was raised, then the Committee could delegate to the DLE to grant planning permission subject to a Section 106 Agreement with conditions plus additional conditions on the requirement of a parking management plan and gates part way down the access road.
It was noted that at present the site had a commercial use as a tool hire depot. The design and access statement indicated it was intended to widen the existing vehicle access from the site onto Watford Road as part of this development. The proposed access to this development would abut the rear access to the adjacent shops.
Councillor Amrit Mediratta advised the site was badly designed and there were a number of unanswered questions on the refuse collection and he was inclined to refuse the application. Councillor Leonard Spencer supported refusing the application based on the layout of the proposed development representing an awkward and contrived form of development due to the siting and scale of the flatted development on this narrow, linear site and due to the poor relationship between the flats and car parking provision servicing facilities.
The Chairman stated that the Appeal Inspectors decision was that 18 flats on this site was acceptable and it would be difficult for the Council to defend its decision if the application went to an appeal.
On being put to the Committee the proposal to Delegate to the Director of Leisure and Environment to confirm whether the Environmental Protection Team have any objections or not and if they do not, to GRANT permission subject to a Section 106 Agreement as per agenda with additional conditions requiring a parking management plan and gates part way down the access road. If they do object to REFUSE permission on the relevant ground was declared CARRIED the voting being 7 For, 2 Against and 2 Abstentions.
RESOLVED:
POST MEETING NOTE
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 16 - Following the resolution of the Development Control Committee on 22 February 2007, written comments from the Refuse Collection Team have been received. They raise no objection.
Additional conditions are also included for the provision of gates to the site entrance to serve the development, and a parking management plan. (C24 & 25).
C1 Standard time (3 years)
C2 Before the building operations hereby permitted are commenced, samples and details of the proposed external materials shall be submitted to and approved in writing by the Local Planning Authority and no external materials shall be used other than those approved.
REASON: To ensure the external appearance of the building is satisfactory, and meet the requirements of Policy GEN3 of the Three Rivers Local Plan 1996 – 2011.
C3 The development shall not commence until full details (including design, materials, height and type of all boundary treatment(s) has been submitted to and approved in writing by the Local Planning Authority. The existing wall to the north and west boundaries of the site shall be retained in its present form and permanently maintained to the satisfaction of the Local Planning Authority. The approved scheme shall be implemented prior to the first occupation of the development or phased as agreed in writing by the Local Planning Authority. The approved scheme shall be maintained thereafter at all times.
REASON: To safeguard the visual amenities of neighbouring properties and the locality and meet the requirements of Policy GEN3 of the Three Rivers Local Plan 1996 -2011.
C4 Prior to the commencement of development, details of the existing site levels and the proposed finished floor levels and sections of the proposed buildings shall be submitted to and approved in writing by the Local Planning Authority. The constructed development shall not vary from the approved levels.
REASON: In order to ensure a satisfactory form of development relative to surrounding buildings and landscape and to meet the requirements of Policy GEN3 and Appendix 2 of the Three Rivers Local Plan 1996–2011.
C5 The construction of the development hereby permitted involving the operation of any heavy plant or machinery shall not be carried out on the site except between the hours of 08.00 and 17.00 Mondays to Fridays, and between the hours of 08.00 to 13.00 on Saturdays.
REASON: To protect the amenities of the surrounding residential properties and to meet the requirements of Policy N14 of the Three Rivers Local Plan 1996 - 2011.
C6 No external lighting shall be installed on the site or affixed to any buildings on the site unless the Local Planning Authority has first approved in writing details of the position, height, design and intensity.
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 17 - REASON: In the interests of residential amenity and to ensure that he security of the site is not compromised by the provision of lighting in inappropriate places and to meet the requirements of Policies D8, N13 and GEN3 of the Three Rivers Local Plan 1996 – 2011.
C7 The windows to be installed to the north elevations of all the buildings hereby permitted shall not at any time be glazed other than with obscured glass and shall be non-opening or top vent opening only and be permanently so retained thereafter.
REASON: To safeguard the amenities of the occupiers of neighbouring and potential properties in accordance with Policy GEN3 and Appendix 2 of the Three Rivers Local Plan 1996 – 2011.
C8 The approved development shall be implemented in accordance with the submitted noise and vibration study report produced by AIRO Ltd and dated 7 February 2005. The following mitigation measures should be carried used in the implementation of the scheme and retained thereafter.
Ground floor level bedrooms and living rooms to be fitted with windows that give a noise reduction performance of 30 dB (A). First floor level bedrooms should have secondary glazing giving an insulation performance of 37 dB (A). First floor living room rooms should have good quality double glazing giving an insulation performance of 32 dB(A). For rooms facing the railway any passive or mechanical ventilation system should meet the glazing performance plus 3 dB (A). Any mechanical ventilation system should ensure that any self generated noise does not exceed 30 dB (A).
REASON: To ensure that the amenities of future residents are not affected and to meet the requirements of Policy N14 of the Three Rivers Local Plan 1996 – 2011.
C9 No development shall take place until the developer has carried out adequate investigation to assess the degree of contamination of the site and to determine its water pollution potential. The methods and extent of the investigation shall be agreed with the Planning Authority before any work commences. Details of appropriate measures to prevent pollution of groundwater and surface water, including provisions for monitoring shall then be submitted to and approved in writing by the Planning authority.
REASON: To prevent pollution of the water environment as the site may be contaminated due to the previous use and to meet the requirements of Policies GEN5a and N4 of the Three Rivers Local Plan 1996 – 2011.
C10 The construction of the surface water and foul drainage system shall be carried out in accordance with details submitted to and approved in writing by the Planning Authority before the development commences.
REASON: To prevent pollution of the water environment and meet the requirements of Policy N4 of the Three Rivers Local Plan 1996 – 2011.
C11 No soakaways shall be constructed in contaminated ground.
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 18 - REASON: To prevent pollution of the water environment and meet the requirements of Policy N4 of the Three Rivers Local Plan 1996 – 2011.
C12 No development approved by this permission shall be commenced until the Local Planning Authority is satisfied that adequate sewerage infrastructure will be in place to receive foul water discharges from the site. No buildings or uses hereby permitted shall be occupied until such infrastructure is in place.
To prevent pollution of the water environment and meet the requirements of Policy N4 of the Three Rivers Local Plan 1996 – 2011.
C13 No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a scheme of hard and soft landscaping, which shall include the location of all existing trees and hedgerows affected by the proposed development, and details of those to be retained, together with a scheme detailing measures for their protection in the course of development; the approved landscaping scheme (with the exception of planting, seeding and turfing) shall be implemented prior to the occupation of any of the building(s) hereby approved and retained.
REASON: To protect the visual amenities of the area, trees and to meet the requirements of Policies GEN3, N15, N16, D6 & Appendix 2 of the Three Rivers Local Plan 1996 – 2011.
C14 All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of the buildings or the completion of the development, whichever is the sooner; and any trees or plants which within a period of 5 years from the completion of the landscaping die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species.
REASON: In the interests of visual amenity and to meet the requirements of Policies GEN3 and N17 of the Three Rivers Local Plan 1996 – 2011.
C15 A landscape management plan, including long term design objectives, management responsibilities, timescales and maintenance schedules for all landscape areas, other than privately owned, domestic gardens, shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of the development hereby permitted. The landscape management plan shall be carried out as approved.
REASON: In order to ensure that the approved landscaping is satisfactorily maintained and to meet the requirements of Policies GEN3 and N17 of the Three Rivers Local Plan 1996 – 2011.
C16 No operations (including tree felling, pruning, demolition works, soil moving, temporary access construction, or any other operation involving the use of motorised vehicles or construction machinery) shall commence on site in connection with the development hereby approved until the branch structure and trunks of all trees shown to be retained and all other trees not indicated as to be removed and their root systems
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 19 - have been protected from any damage during site works, in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority.
The protective measures, including fencing, shall be undertaken in accordance with the approved scheme before any equipment, machinery or materials are brought on to the site for the purposes of development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed within any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the written consent of the local planning authority. No fires shall be lit or liquids disposed of within 10.0m of an area designated as being fenced off or otherwise protected in the approved scheme.
REASON: In the interests of visual amenity and to meet the requirements of Policies N15 and N16 of the Three Rivers Local Plan 1996 – 2011.
C17 The development shall not begin until details of the layout and construction of the proposed new access road have been submitted to and approved in writing by the Local Planning Authority in conjunction with the Highway Authority. No dwelling shall be occupied until the access has been laid out and constructed in accordance with the approved details.
REASON: To minimise danger, obstruction and inconvenience to highway users and to meet the requirements of Policy T7 of the Three Rivers Local Plan 1996 – 2011.
C18 The development shall not begin until details of the disposal of surface water from the access road have been submitted to and approved in writing by the Local Planning Authority in conjunction with the Highway Authority. No dwelling shall be occupied until the works for the disposal of surface water have been constructed in accordance with the approved details.
REASON: To minimise danger, obstruction and inconvenience to highway users in line with Policies T7 and T8 of the Three Rivers Local Plan 1996-2011.
C19 The development shall not begin until a dimensioned drawing showing details of the layout, size and construction of the proposed parking and manoeuvring area has been submitted to and approved in writing by the Local Planning Authority in conjunction with the Highway Authority. No dwelling shall be occupied until the area has been laid out and constructed in accordance with the approved details and made available for use and that area shall not thereafter be used for any other purpose.
REASON: To enable vehicles to draw off, park and turn clear of the highway to minimise danger, obstruction, and inconvenience to users of the adjoining highway and to meet the requirements of Policies T7, T8 of the Three Rivers Local Plan 1996 – 2011.
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 20 - C20 Prior to the commencement of demolition works, details of the method of washing of vehicle wheels exiting the site shall be submitted to and approved in writing by the Local Planning Authority in conjunction with the Highway Authority and the agreed method shall be operated at all times during the period of demolition and construction works.
REASON: To minimise danger, obstruction and inconvenience to users of the highway and to meet the requirements of Policy T7 of the Three Rivers Local Plan 1996 – 2011.
C21 Prior to the commencement of the site works, details of on-site parking for all contractors, sub-contractors, visitors and delivery vehicles shall be approved in writing by the Local Planning Authority in conjunction with the Highway Authority and that area shall be maintained available for use at all times during the period of demolition, and construction of the development.
REASON: To minimise danger, obstruction and inconvenience to users of the highway and to meet the requirements of Policy T7 of the Three Rivers Local Plan 1996 – 2011.
C22 Before any development is commenced, the results of a detailed investigation to ascertain whether the site is contaminated, together with any remediation scheme required as a result, shall be submitted to and approved in writing by the Local Planning Authority. This shall include a historical investigation, sampling and analysis of current soils, and a scheme of works to address any contamination. The remediation scheme shall thereafter be carried out as approved before any of the dwellings are first occupied.
REASON: To ensure any contamination of the site is remedied and to protect existing/proposed occupants of the application site and/or adjacent land and to meet the requirements of Policy GEN5a of the Three Rivers Local Plan 1996 – 2011.
C23 Details of the external appearance of the bin stores and cycles stores shall be submitted for approval in writing by the Local Planning Authority. The approved bin and cycle stores shall be provided prior to the first occupation of the development hereby permitted.
REASON: To ensure that appropriate refuse storage and cycle parking facilities are provided to serve the development and to meet the requirements of Policies GEN1 and T11 of the Three Rivers Local Plan 1996 – 2011.
C24 A parking management plan and refuse collection management plan that shall include long term objectives, management responsibilities, collection arrangements for refuse vehicles and maintenance schedules for all parking and manoeuvring areas shall be submitted to and approved in writing by the Local Planning Authority prior to the first occupation of the development hereby permitted. The parking management plan and refuse collection management plan shall be carried out as approved.
REASON: In order to ensure that the approved parking layout is available at all times and that refuse can be collected, in the interests of the amenities of the area and to meet the requirements of Policies GEN3 T7, and T8 of the Three Rivers Local Plan 1996 – 2011.
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 21 - C25 Prior to the first occupation of the development hereby permitted, details shall be submitted in writing for the approval of the Local Planning Authority for the provision of gates to the site entrance that shall be set back a minimum of 5.5 metres from the back edge of the carriageway to Watford Road. The approved gates shall be provided before the development hereby permitted is occupied and shall thereafter be permanently maintained to the reasonable satisfaction of the Local Planning Authority.
REASON In the interests of highway safety and to protect the amenities of the surrounding residential properties and meet the requirements of Policies D8 and T7 of the Three Rivers Local Plan 1996 – 2011.
INFORMATIVES:
I1 Subject to the imposition of conditions attached to this outline permission, the proposed dwelling(s) would not have a significant adverse effect on the residential amenities of any neighbouring properties, or otherwise result in demonstrable harm, to such an extent to justify the refusal of planning permission. It would comply with Policies GEN1, GEN1a, GEN2, GEN3, GEN5, GEN5a, GEN6, GEN7, GEN8, N1, N2, N3, N4, N5, N6, N9, N10, N13, N14, N15, N16, N17, N18, N23, D1, D2, D3, D4, D5, D6, D7, D8, D9, H1, H2, H3, H4, H5, H6, H8, H14, E3, T7, T8, T9, T10, T11, L10, L11, L13, L14. Appendices 1, 2 and 3 of the Three Rivers Local Plan 1996- 2011 (adopted 2001).
I2 Works to be undertaken on the adjourning Highway will require an Agreement with the Highway Authority. Before commencing the development the applicant shall contact the South West Highways Area Office, Shire House, Bridle Path, Watford, WD17 1AL to obtain their permission/requirements. This is to ensure any works undertaken in the highway is constructed in accordance with the Highway Authority’s specification and by a contractor who is authorised to work in the public highway.
I3 The applicant is reminded that this planning permission is subject to a unilateral undertaking under Section 106 of the Town and Country Planning Act 1990.
I4 The applicant is encouraged to incorporate energy saving and water harvesting measures when implementing this permission. Information is available from the Council’s Building Control Section, who may be contacted on 01923 727138, and on the website www.threeriversbuildingcontrol.co.uk. Any external changes to the building which may be subsequently required should be discussed with the Council’s Development Control Section prior to the commencement of work.
I5 Before commencing the development the applicant shall contact the South West Highways Area Office, Shire House, Bridle Path, Watford to obtain i) their permission / requirements regarding access for vehicles involved in the demolition of the existing buildings and construction of the new buildings; ii) a condition survey of any adjacent highways which may be affected by demolition and construction vehicles together with an agreement with the Highway Authority that the developer will bear the costs in reinstating any damage to the highway.
I6 The applicant is reminded of the provisions of the Party Wall Act 1996.
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 22 - I7 The applicant is made aware that although no evidence exists to show that protected species are present on site, they should proceed with due care and should any protected species be encountered that works stops immediately and that the appropriate ecological bodies such as English Nature and Herts Biological Records Centre be consulted immediately.
I8 The applicant is advised to contact Network Rail and London Underground Limited before any work commences on the site to discuss health and safety matters with regard to the operation of the railway line.
DC184/06 06/2242/FUL – Rebuild of dwelling including loft conversion with roof alterations including rear dormer windows and second floor gable feature and single storey rear extension and two storey side extension and roof alterations to front at 18 BOURNE END ROAD, NORTHWOOD, MIDDLESEX HA6 3BS for Mr J Evans
The Planning Officer reported that two further letters of objection had been received stating inconsistencies in the boundaries on the plan, overlooking, inappropriate raised roof, boundary position shown incorrectly between 18 and 20 Bourne End Road.
Councillor Amrit Mediratta moved the recommendation to refuse the application, seconded by Councillor Richard Struck, as there was a number of concerns with the application and the applicant had virtually demolished the house but had continued to build.
In accordance with Council Procedure Rule 36(b) (Representations at Committee etc) Mr Leslie Gili-Ross spoke in favour of the application and Mr Casserly spoke against the application.
The Chairman advised that the stop notices had been sent back due to the date of the notices not a query on the legal implications. The Chief Development Control Officer said the stop notices did not relate to the application in front of the Committee but were a legal matter being considered separately.
On being put to the Committee the proposal to REFUSE PLANNING PERMISSION was unanimously CARRIED.
RESOLVED:
That Planning Permission be REFUSED for the following reasons:-
R1 The proposed roof alterations, by reason of excessive depth, height, massing and inappropriate form, would be unduly prominent in relation to surrounding properties and detract from the established pattern of development in the street scene and the character of the locality contrary to Policy GEN3 and the design guidelines set out in Appendix 2 of the Three Rivers Local Plan 1996-2011.
R2 The proposed development by reason of its design, scale and excessive depth, height and massing in relation to the original building and to neighbouring properties results in development inappropriate to the character of the existing dwelling in form and scale and unduly obtrusive and overbearing in relation to neighbouring properties and resulting in inappropriate overlooking negatively impacting on the residential amenities and privacy of those properties contrary to Policy GEN3 and
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 23 - the design guidelines set out in Appendix Two of the Three Rivers Local Plan 1996-2011.
DC185/06 06/2244/FUL – Demolition of Two Existing Dwellings and Erection of Two Three Storey Building Comprising Ten Two Bedroom Apartments with Associated Access and Parking at 2 - 4 BERRY LANE, MILL END, WD3 7HQ for Lexicon Homes
The Planning Officer reported that one further letter of objection had been received.
Councillor Richard Struck moved refusal, seconded by Councillor Ann Shaw.
In accordance with Council Procedure Rule 36(b) (Representations at Committee etc) Mr D Peers spoke against the application.
On being put to the Committee the proposal to REFUSE PLANNING PERMISSION was CARRIED unanimously.
RESOLVED:
That PLANNING PERMISSION BE REFUSED for the following reasons:
R1 The proposed development fails to comply with Policies H14, C9 and GEN3 of the Three Rivers Local Plan 1996 – 2011 in that it results in overdevelopment of the site resulting in a layout that has a detrimental impact on the character of the area as a result of poor layout, plot size, height, building footprint, materials, which would result in the visual amenities of the area and the setting of the Grade II Listed Building being significantly harmed.
R2 The proposed development fails to comply with Policies H14, N14 and GEN3 of the Three Rivers Local Plan 1996 – 2011 in that it would have a detrimental effect on the amenities of surrounding residential properties by reason of overshadowing, loss of visual outlook, noise and disturbance.
R3 The proposed development fails to comply with Policy GEN 3 and Appendix 2 of the Three Rivers Local Plan 1996 – 2011 by reason of a substandard layout that fails to provide private usable amenity for future residents.
R4 The layout as submitted does not comply with the County Council’s Roads in Hertfordshire. A Guide for New Developments and as such would result in an unsatisfactory form of development failing to comply with Policies H14 and T7 of the Three Rivers Local Plan 1996 – 2011.
R5 The applicant has not demonstrated that adequate visibility can be provided at the junction of the access with Berry Lane. The development if permitted would therefore be likely to lead to danger and inconvenience to highway users to the detriment of public and highway safety failing to comply with Policies H14 and T7 of the Three Rivers Local Plan 1996 - 2011.
R6 The applicant has not demonstrated there is adequate provision for space within the site for the parking and manoeuvring of vehicles clear of the highway. The development if permitted would therefore be likely to
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 24 - lead to additional on-street parking and to vehicles reversing onto or off the highway to the detriment of public and highway safety failing to comply with Policies H14 and T7 of the Three Rivers Local Plan 1996 – 2011.
DC186/06 06/2250/FUL - Demolition of existing car showroom and redevelopment of site to create new retail convenience store at 189-191 WATFORD ROAD, CROXLEY GREEN, HERTFORDSHIRE, WD3 3ED for Padam Services
The Planning Officer reported that written comments had been received from the Highway Authority which confirmed the advice set out in the report. The second suggested reason for refusal still remained and the application was recommended for refusal for the reasons stated in the report.
Councillor Phil Brading stated that a traffic assessment was paramount as local residents were concerned about the traffic implications from this convenience store and welcomed the Officers recommendation. He said there were already established convenience stores in the vicinity and it was important that existing shopping parades were supported and maintained. The site had been a car showroom with a workshop at the rear which would be retained as warehousing. He raised concerns on the access and manoeuvring on the site and the proposed parking for employees of the store, allocated parking for shoppers and parking for delivery vehicles. Councillor Phil Brading, seconded by Councillor Chris Lloyd, moved refusal with an amendment to the second reason for refusal due to the uncertainty over availability and adequacy of parking.
Councillor Chris Lloyd said the convenience store would generate increased congestion on the highways and would impact on existing shopping parades within Croxley Green.
In accordance with Council Procedure Rule 36(b) (Representations at Committee etc) Ms Sue Maxwell-Smith spoke against the application.
Councillor Ron Spellen requested that the permission given for the convenience shop of the nearby petrol station be researched.
On being put to the Committee the proposal to REFUSE PLANNING PERMISSION was declared CARRIED the voting being unanimous.
RESOLVED:
That Planning Permission be REFUSED for the following reasons:-
R1 The proposed retail development, by reason of its location outside of town centres and local shopping parades, would have an unacceptable impact on existing convenience stores in the Croxley Green area. In addition, in the light of the draft Three Rivers Retail Capacity Study it has not been demonstrated that there is a need for the proposed development in this location, contrary to Policy S6 of the Three Rivers Local Plan 1996-2011.
R2 In the absence of a Traffic Assessment, it has not been demonstrated that the proposed development would not result in a significant increase in the number of vehicular movements to and from the site, which would have an unacceptable impact on the adjoining highway, to the detriment of highway safety. In addition, given the proposed layout and servicing
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 25 - arrangement, there would be uncertainty over the availability and adequacy of parking. This would be contrary to Policies T7 and T8 of the Three Rivers Local Plan 1996-2011.
DC187/06 06/2267/FUL and 06/2268/CAC – Demolition of existing building and erection of 19 two-bedroom flats, 2 one-bedroom flats and 3 three- bedroom flats with associated access, landscaping and parking at 10-12 HIGH STREET, RICKMANSWORTH, HERTS, WD3 1ER, for Howarth Homes PLC
The Planning Officer reported that comments had been received from the Architects Panel and amended plans had been received showing a revised design of the northern-most block. Residents had been re-consulted on the amended plans until 13 March 2007. The applicant had submitted artist’s impressions of the proposed development. A transport assessment had recently been received which was being assessed by the Highway Authority.
With regard to the amended plans the Conservation Officer considered the northernmost block spoils what would otherwise be a satisfactory proposal. This was partly the roof form but also the block’s bulk and relationship with the adjoining proposed frontage due the differing floor levels (and consequently awkward comparative window heights). This end of the proposed frontage would benefit from complete redesign – breaking it up and trying to avoid the ground floor level being dictated by the entrance in The Cloisters and using similar roof forms to the rest. The Conservation Officer would not recommend the scheme for approval as it stands.
However, when the current scheme was compared to the design of the previous schemes dismissed at appeal, Officers considered that the design was not materially different to recommend refusal.
The Chairman advised the Committee that the Architects Panel had felt the amount and scale of development was appropriate. The overall form and mass was considered reasonable, apart from the northernmost block due to the latter’s mansard type roof. Although the benefit of some variation of style, materials and detailing along the street elevation was understood, this was felt to be overplayed. The south and middle blocks were considered the most successful and the northernmost block (with its slate roof, stone bands & arches, ground floor render rustication, and quasi-Palladian window) the least. Use of Yellow brick was not considered appropriate on the High Street. The panels recommendation was that an amendment of the northernmost block be negotiated and suggested this be on the theme of the two tiled roof blocks. It was suggested that natural lighting of flats 3 & 4 would be poor as there were no rear windows to these and the lounge window was smaller than the bedroom window. They also noticed that some of the elevations did not match the floor plans and some details of the perspectives did not match the elevations.
It was suggested that if the Committee were minded to refuse the application this could be delegated to the Director of Leisure and Environment on receipt of the public views. Members stated this was a prime site at the entrance to the town and the design could be improved with better materials along the lines stated by the Architects Panel. Councillor Ann Shaw moved refusal, seconded by Councillor Mark Weedon objecting on the grounds of what the Architects Panel had said it needed improvement.
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 26 - In accordance with Council Procedure Rule 36(b) (Representations at Committee etc) Mr Robert Clarke spoke in favour of the application and Mr Andrew Hiddleston spoke against the application.
Members were minded to refuse permission on the grounds of unacceptable scale and bulk, roof form of the northernmost block, overlooking and loss of privacy of adjoining occupiers of The Cloisters due to the proximity of the boundary.
Members noted that the distance from the west elevation to the closest point on the boundary was 12m. The proposed Juliet balconies would create some overlooking but it was not considered to be detrimental to No22 as there was no back to back relationship. It was considered by the Committee that this would be a good viewing platform, although not back to back, and would provide a first class view across the nearby gardens. The distance from the side wall of No22 to the elevation of the Juliet balcony was 14m and applied with the local plan standards.
It was noted that no flank windows were proposed on the flank wall facing 22 The Cloisters, although Juliet balconies were proposed at all floors on the three storey element of the scheme facing this property. However, these were shown on the previous application (00/00943/FUL), when no objection was raised. The majority of the development adjacent to the garden of number 22 would only be two and a half storeys, this was considered acceptable.
On being put to the Committee the proposal to REFUSE PLANNING PERMISSION on the grounds of unacceptable scale and bulk and roof form of northernmost block and overlooking, loss of privacy for adjoining occupiers of the Cloisters due to proximity to the boundary was CARRIED the voting being 10 For, 1 Against and 0 Abstentions.
RESOLVED:
R1 The proposed development, by reason of the scale, bulk, roof form and design of the northernmost block fronting the High Street, would result in an incongruous and overdominant development in the street scene, to the detriment of the character and appearance of the Rickmansworth Town Centre Conservation Area and contrary to Policies C1, GEN3 and Appendix 2 of the Three Rivers Local Plan 1996-2011.
R2 The proposed development, by reason of its proximity to the boundary with The Cloisters, would result in unacceptable overlooking and thus loss of privacy to the residents of these neighbouring properties, contrary to Policy GEN3 and Appendix 2 of the Three Rivers Local Plan 1996-2011.
DC188/06 07/0019/FUL - Outline Application: Demolition of workshop, small store and disused bungalow and the erection of a steel framed building to be used as a Farm Shop with associated office, storage and preparation area at WOODLANDS POULTRY FARM, WOODLANDS ROAD, NASH MILLS for Mr R Brazier
The Planning Officer reported that six further letters of objection had been received raising concerns over signage, difficult junction between Hyde Lane and Woodlands Road, Hyde Lane mainly single carriageway width and all
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 27 - arriving traffic had to wait at bottom for traffic to pass – this situation would be exacerbated by the proposal; entrance to Woodlands Road already used as a car park; proposal would increase risk of accidents; should be sited in an industrial estate; this is a residential area; quiet residential road, traffic noise will increase; would cause congestion. It was recommended that an additional informative be added about sole justification based on farm diversification.
Councillor Ann Shaw raised concern that five parking spaces would not be adequate and asked if additional spaces could be provided. It was advised that five or six spaces could be provided in the yard with additional overflow car parking in hard landscaping areas.
In accordance with Council Procedure Rule 36(b) (Representations at Committee etc) Mr Scott Horton spoke in favour of the application and Mr Paul Saunders spoke against the application.
The Planning Officer advised the applicant was aware of Officer concern on the previous withdrawn application with regard to increased highways activity and it was recommended that a Traffic Impact Assessment be carried out on any future application. Traffic generation details had been submitted with the current application. No objection raised by the Highways Authority. It was noted that Woodlands Road was an un-adopted Road. The applicant would be required to submit a schedule of produce to be sold and where the produce had been sourced from.
Councillor Leonard Spencer said that although they were supportive of local farmers this would be a substantial farm shop in the Green Belt which could become a convenience store which needed to make a profit and could only do so by getting customers to the shop, having made a substantial capital investment. It was advised that the shop would not become a convenience store but would be a local farm shop to purchase good quality organic meat.
Councillor Ann Shaw, seconded by Councillor Mark Weedon, moved the recommendation.
On being put to the Committee the proposal to GRANT PLANNNING PERMISSION was CARRIED the voting being 10 for, 0 Against and 1 Abstention.
RESOLVED:
That following the completion of the neighbourhood consultation period the decision is delegated to the Director of Leisure and Environment to GRANT Planning Permission subject to the following conditions:-
C1 Approval of the details shown below (‘the reserved matters’) shall be obtained from the Local Planning Authority in writing before any development is commenced:
(a) scale (b) appearance (c) landscaping
REASON: In pursuance of Section 92 of the Town and Country Planning Act 1990 and as amended by the Planning and Compulsory Purchase Act 2004.
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 28 - C2 Application for the approval of the reserved matters shall be made to the Local Planning Authority before the expiration of three years from the date of this permission. The development hereby permitted shall commence before the expiration of two years from the date of approval of the last of the reserved matters to be approved.
REASON: In pursuance of Section 92 of the Town and Country Planning Act 1990 and as amended by the Planning and Compulsory Purchase Act 2004.
C3 The range of goods sold at the farm shop hereby permitted shall be restricted in accordance with a schedule to be submitted to and approved in writing by the Local Planning Authority prior to commencement of the use. The range of goods sold shall not be altered from that detailed in the approved schedule without the prior approval of the Local Planning Authority.
REASON: In the interests of the Metropolitan Green Belt and the residential amenities of neighbouring properties in accordance with policies N14 and GB1 of the Three Rivers Local Plan 1996-2011.
C4 The farm shop and associated facilities hereby permitted shall only be in use and open between the hours of 10am to 4pm Mondays to Fridays and 9am to 3pm Saturdays. The shop and facilities shall be closed on Sundays and Bank/Public Holidays.
REASON: In the interests of the Metropolitan Green Belt and the residential amenities of neighbouring properties in accordance with policies N14 and GB1 of the Three Rivers Local Plan 1996-2011.
C5 In accordance with the schedule submitted and received by Three Rivers District Council on 9 February 2007 there shall be only one meat delivery per week (in a refrigerated vehicle not exceeding 7.5 tonnes) and three deliveries of local produce per week (in a transit van type vehicle). These deliveries shall only occur during the hours of 10am to 4pm Monday to Friday.
REASON: In the interests of the Metropolitan Green Belt and the residential amenities of neighbouring properties in accordance with policies T7, N14 and GB1 of the Three Rivers Local Plan 1996-2011.
C6 The development shall not commence until full details (including design, materials, height and type) of all boundary treatment(s) has been submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented prior to the first use of the development. The approved scheme shall be maintained thereafter at all times.
REASON: To safeguard the visual amenities of neighbouring properties and the locality in accordance with policy GB1 of the Three Rivers Local Plan 1996-2011.
C7 Prior to the commencement of development, details of the existing site levels and the proposed finished floor levels shall be submitted to and
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 29 - approved in writing by the Local Planning Authority. The constructed development shall not vary from the approved levels.
REASON: In order to ensure a satisfactory form of development relative to surrounding buildings and landscape and to meet the requirements of Policy GB1 of the Three Rivers Local Plan 1996 – 2011.
C8 Following the occupation of the building hereby permitted, no materials, containers, equipment or refuse shall be stored within the site outside buildings, except for waste materials contained within sufficient waste containers suited to the purpose of containing and removing waste.
REASON: In the interests of visual amenity to meet the requirements of Policy GB1 of the Three Rivers Local Plan 1996 – 2011.
C9 The development shall not commence until full details (including design, materials, height and type) of refuse and recycling facilities have been submitted to and approved by the Local Planning Authority in writing. The approved facilities shall be installed prior to the first occupation of the development and permanently retained.
REASON: To provide for the collection and recycling of waste and to meet the requirements of Policy N10 of the Three Rivers Local Plan 1996 - 2011.
C10 No external lighting shall be installed on the site or affixed to any building hereby approved, other than in accordance with details to be submitted and approved by the Local Planning Authority in writing. These details shall include the position, height, design and intensity of the proposed means of illumination.
REASON: In the interests of visual amenity and to meet the requirements of policies GB1 and N13 of the Three Rivers Local Plan 1996 – 2011.
C11 Notwithstanding the provisions of the Town and Country Planning (Control of Advertisement) Regulations 1992 (and any amendments thereto), no signage or advertisements shall be installed on the site or affixed to any buildings on the site, other than in accordance with details which shall have been submitted and approved by the Local Planning Authority in writing, with the exception of Class 3 (Miscellaneous temporary advertisements)
REASON: In the interests of the visual amenity of the site and the locality in general, and to meet the requirements of Policies GB1 and N13 of the Three Rivers Local Plan 1996 – 2011.
C12 Unless otherwise agreed in writing by the Local Planning Authority, no work of demolition or construction of the development hereby permitted shall take place before 8.00am or after 6.00 pm Mondays to Fridays, before 8.00am or after 1.00 pm on Saturdays and not at all on Sundays and Public Holidays.
REASON: In the interests of the amenity of neighbouring residents and to meet the requirements of Policy N14 of the Three Rivers Local Plan
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 30 - 1996 - 2011.
C13 No development shall commence until all existing buildings and structures on the site have been demolished and all materials resulting there from have been completely removed from the site, unless otherwise agreed in writing by the Local Planning Authority.
REASON: In order to secure an orderly in the interests of the amenity in accordance with policy GB1 of the Three Rivers Local Plan 1996-2011.
C14 Before development commences details of the access arrangements for vehicle access shall be submitted to and approved in writing by the local planning authority. The vehicle access arrangements shall be completed in accordance with the above details prior to occupation of the building.
REASON: To minimise danger, obstruction and inconvenience to users of the highway and the access in accordance with policy T7 of the Three Rivers Local Plan 1996-2011.
C15 Before development commences details of the disposal of surface water from the proposed access road have been submitted to and approved in writing by the Local Planning Authority. The building shall not be occupied until the works for the disposal of surface water have been constructed in accordance with the approved details.
REASON: To minimise danger, obstruction and inconvenience to highway users in accordance with policy T7 of the Three Rivers Local Plan 1996-2011.
C16 All areas for parking, storage and delivery of materials associated with the construction and use of the development shall be provided within the site in accordance with a plan which shall be submitted to and approved by the Local Planning Authority in writing prior to the commencement of the development.
REASON: To minimise danger, obstruction and inconvenience to highway users in accordance with policy T7 of the Three Rivers Local Plan 1996-2011.
C17 Prior to the first occupation of the development the applicant shall submit details to encourage the use of alternative modes of transport to the development.
REASON: To promote sustainable transport measures for employees and visitors at the new development.
C18 The vehicle parking and turning spaces shown on the approved plans shall be constructed and made available for use prior to the first occupation of any part of the development hereby permitted. The parking and turning spaces shall thereafter be kept permanently available for the use of employees and visitors to the site.
REASON: To ensure a satisfactory form of development and to avoid adverse impact on the public highway in the interests of highway safety in accordance with policies T7 and T8 of the Three Rivers Local Plan 1996-2011.
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 31 - C19 Before any development is commenced, the results of a detailed investigation to ascertain whether the site is contaminated, together with any remediation scheme required as a result, shall be submitted to and approved in writing by the Local Planning Authority. The remediation scheme shall thereafter be carried out as approved before any of the development is first occupied.
REASON: To ensure any contamination of the site is remedied and to protect existing/proposed employees/visitors.
INFORMATIVES:
I1 Given the site circumstances and the type of commercial business proposed, and the provisions of the Three Rivers Local Plan 1996-2011, the proposed development (subject to the conditions attached to this permission) would not have a significant adverse effect on the residential amenities of any neighbouring properties or the metropolitan Green Belt or otherwise result in demonstrable harm.
I2 The applicant is encouraged to incorporate energy saving and water harvesting measures when implementing this permission. Information is available from the Council’s Building Control Section, who may be contacted on 01923 727138, and on the website www.threeriversbuildingcontrol.co.uk. Any external changes to the building which may be subsequently required should be discussed with the Council’s Development Control Section prior to the commencement of work.
I3 This consent has been granted based on the justification that the proposal is for farm diversification involving a farm shop and not an independent A1 retail store.
DC189/06 07/0069/FUL – Erection of a sports pavilion with associated parking, gated access and replacement of cesspool at SPORTS AND SOCIAL CLUB, LEAVESDEN PAVILION, WOODSIDE ROAD, ABBOTS LANGLEY WD25 OLA for Three Rivers District Council
The Planning Officer reported that no further neighbour comments had been received. Abbots Langley Parish Council had raised no objection. Members had commented that this appeared to be a modest facility and the opportunity was being missed to provide more extensive facilities.
Councillor Ann Shaw, second by Councillor Geoffrey Dunne, moved the recommendation.
RESOLVED:
That upon expiry of the neighbour consultation period the decision shall be delegated to the Director of Leisure and Environment to consider any further representations made and to GRANT PLANNING PERMISSION subject to the following conditions:-
C1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 32 - REASON: In pursuance of Section 91(1) of the Town and Country Planning Act 1990 and as amended by the Planning and Compulsory Purchase Act 2004.
C2 The external materials to be used in the proposed clubhouse building shall be agreed in writing by the Local Planning Authority prior to the commencement of the development.
REASON: To ensure a satisfactory appearance of the development and that it harmonises with its surroundings in accordance with Policy GB1 of the Three Rivers Local Plan 1996-2011.
C3 Details of the grass bank to be retained to the rear of the clubhouse and car park shall be submitted to and agreed in writing by the Local Planning Authority prior to commencement of development. This shall include details of protective fencing to safeguard the hedge during construction. The approved scheme in relation to the grass bank shall remain in situ for as long as the clubhouse remains in existence.
REASON: In the interests of safeguarding the southern boundary hedging to both screen the development hereby approved and maintain the rural character of the area in accordance with Policies GB1 and N15 Three Rivers Local Plan 1996-2011.
C4 Details of the layout, size and positioning of the main football pitch shall be submitted to and agreed in writing by the Local Planning Authority prior to the commencement of development. The approved scheme shall remain in situ for as long as the clubhouse remains in existence.
REASON: In the interests of safeguarding the health of the trees on the northern bank of the football pitch in accordance with Policy N15 of the Three Rivers Local Plan 1996-2011.
C5 The parking area hereby approved shall be used for the parking of private motor vehicles only and notwithstanding the General Permitted Development Order as amended shall not be used for any other purposes including temporary purposes which would otherwise be permitted by the General Permitted Development Order.
REASON: In the interests of safeguarding the Green Belt in accordance with Policy GB1 of the Three Rivers Local Plan 1996-2011.
C6 The access way from the highway (Woodside Road) and car parking area must be upgraded and appropriately sealed with a the appropriate paving in accordance with the requirements of Roads in Hertfordshire - A Guide for New Developments, Section 2, Part 1, Chapter 1.62 - 1.91.
REASON: To ensure that the access way and car parking area are appropriately sealed and paved to ensure that extraneous material is not carried on to the highway by vehicles, prejudicing highway safety and operation in accordance with Policy T7 of the Local Plan.
C7 Full details of the proposed lockable gates shall be submitted to and approved by the Local Planning Authority in writing before any work on the site is commenced.
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 33 - REASON: In order that the Local Planning Authority may be satisfied as to the details of the proposal, and no details have yet been submitted.
C8 The three manhole covers hereby permitted shall lie flush with the surrounding ground level.
REASON: In order to ensure a satisfactory form of development relative to surrounding buildings and Green Belt land to meet the requirements of Policy GB 1 of the Three Rivers Local Plan 1996-2011.
INFORMATIVE:
I1 Subject to the conditions attached to this permission, the proposed sports pavilion with associated parking, gated access and replacement cesspool would be in compliance with Policies N15, T7, GB1, D9 of the Three Rivers Local Plan 1996-2011 (adopted 2001), and would not have a significant adverse effect on the residential amenities of any neighbouring properties or otherwise result in demonstrable harm, to such an extent to justify the refusal of planning permission.
I2 The applicant is encouraged to incorporate energy saving and water harvesting measures when implementing this permission. Information is available from the Council’s Building Control Section, who may be contacted on 01923 727138, and on the website www.threeriversbuildingcontrol.co.uk. Any external changes to the building which may be subsequently required should be discussed with the Council’s Development Control Section prior to the commencement of work.
I3 The adjacent public footpath (Abbots Langley PF 064) shall be protected to a minimum width of two metres and must not be gated or width restricted in any way. It shall remain unobstructed by vehicles, machinery, materials, tools and any other aspects of construction during works at all times. The condition of these routes must not deteriorate as a result of these works. Any adverse affects to the surface from traffic, machinery or materials are to be made good by the applicant to the satisfaction of the authority.
I4 The applicant is requested to pay special attention to the desirability of protecting the trees at the entrance, in the southern corner of the site and to liaise with the local authorities Landscape Officers prior to the commencement of works.
DC190/06 07/0098/FUL – Demolition of existing garage and conservatory, erection of two storey and single storey front side and rear extensions, first floor rear extension, rear conservatory, first floor balconies to front and rear, new entrance porch, front boundary wall, railings and gates, changes to front garden levels and extension to driveway at 2 NANCY DOWNS, OXHEY HALL, HERTS, WD19 4NF for Mr and Mrs S Hussain
The Planning Officer advised that residents had been reconsulted for 14 days on amended plans with a flank window omitted and had until 6 March 2007 to make any further representations. An additional objection letter from 3 Nancy Downs had been received stating: building on the side of the house would affect privacy, an office in a private residential road would cause security problems, insufficient parking, development would be too large for the plot.
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 34 - It was proposed that an additional condition be added as follows:
C6 The front balcony hereby approval shall be for decorative purposes only and shall be permanently retained as such. At no time shall an access from the first floor be created.
REASON To ensure there is no overlooking of neighbouring properties, in accordance with Policy GEN3 and Appendix 2 of the Three Rivers Local Plan 1996-2011.
RESOLVED:
That Planning Permission be GRANTED subject to the following conditions:-
C1 The development hereby permitted shall be begun before the expiration of three years from the date of this permission.
REASON: In pursuance of Section 91(1) of the Town and Country Planning Act 1990 and as amended by the Planning and Compulsory Purchase Act 2004.
C2 The external materials to be used in the elevations and roof of the proposed building of the development hereby permitted shall match those of the existing building and any variation shall be agreed in writing by the local planning authority before development commences.
REASON: To ensure a satisfactory appearance of the development and that it harmonises with its surroundings, in accordance with Policy GEN3 and Appendix 2 of the Three Rivers Local Plan 1996-2011.
C3 Notwithstanding the provisions of the Town and Country Planning, (General Permitted Development) Order 1995 (or any Order revoking and re-enacting that Order with or without modification) no additional windows or similar openings shall be constructed in the side of the elevation(s) of the building/extension hereby permitted except for any which may be shown on the approved drawing(s).
REASON: To safeguard the residential amenities of the occupiers of neighbouring properties, and the visual amenity of the street scene, in accordance with GEN3 and Appendix 2 of the Three Rivers Local Plan 1996-2011.
C4 No development or other operation shall commence on site until a scheme (herein called the Approved Method Statement of Arboricultural Works Scheme) which indicates the construction methods to be used in order to ensure the retention and protection of tree, shrubs and hedges growing on or adjacent to the site has been submitted to and approved in writing by the local planning authority.
No operations shall commence on site in connection with the development hereby approved (including tree felling, pruning, demolition works, soil moving, temporary access construction, or any other operation involving the use of motorised vehicles or construction machinery) until the tree protection works required by the approved scheme are in place on site.
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 35 - The fencing or other works which are part of the approved scheme shall not be moved or removed, temporarily or otherwise, until all works including external works have been completed and all equipment, machinery and surplus materials removed from the site, unless the prior approval of the local planning authority has first been sought and obtained.
REASON: In the interests of visual amenity, in accordance with Policies N15 and N16 of the Three Rivers Local Plan 1996-2011.
C5 No operations (including tree felling, pruning, demolition works, soil moving, temporary access construction, or any other operation involving the use of motorised vehicles or construction machinery) shall commence on site in connection with the development hereby approved until the branch structure and trunks of all trees shown to be retained and all other trees not indicated as to be removed and their root systems have been protected from any damage during site works, in accordance with a scheme to be submitted to and approved in writing by the Local Planning Authority. This scheme shall accord with BS:5837 (Trees in Relation to Construction) 2005.
The protective measures, including fencing, shall be undertaken in accordance with the approved scheme before any equipment, machinery or materials are brought on to the site for the purposes of development, and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. Nothing shall be stored or placed within any area fenced in accordance with this condition and the ground levels within those areas shall not be altered, nor shall any excavation be made, without the written consent of the local planning authority. No fires shall be lit or liquids disposed of within 10.0m of an area designated as being fenced off or otherwise protected in the approved scheme.
REASON: In the interests of visual amenity, in accordance with Policies N15 and N16 of the Three Rivers Local Plan 1996-2011.
C6 The front balcony hereby approval shall be for decorative purposes only and shall be permanently retained as such. At no time shall an access from the first floor be created.
REASON To ensure there is no overlooking of neighbouring properties, in accordance with Policy GEN3 and Appendix 2 of the Three Rivers Local Plan 1996-2011.
INFORMATIVES:
I1 Subject to the imposition of conditions attached to this permission, the proposed development would not have a significant adverse effect on the residential amenities of any neighbouring properties, or otherwise result in demonstrable harm, to such an extent to justify the refusal of planning permission, and would comply with Policies N14, N15, N16, T7, T8 and GEN3 and Appendices 2 and 3 of the Three Rivers Local Plan 1996-2011 (adopted 2001).
I2 The applicant is encouraged to incorporate energy saving and water harvesting measures when implementing this permission. Information is available from the Council’s Building Control Section, who may be
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 36 - contacted on 01923 727138, and on the website www.threeriversbuildingcontrol.co.uk. Any external changes to the building which may be subsequently required should be discussed with the Council’s Development Control Section prior to the commencement of work.
DC191/06 07/0164/FUL – Removal of condition 4 on planning decision 8/504/84: to allow music to be played during extended hours until 23.30 Sunday to Thursday and 00.30 Friday and Saturday and until 01.00 on New Years Eve at THE FAIRWAY INN PUBLIC HOUSE, RICKMANSWORTH MUNICIPAL GOLF CLUB, MOOR LANE for Philip Ronal Collins, Hertsmere Leisure
The applicant had confirmed that the hours would be the same as those granted for the License. The description of the development needed changing in view of the revised hours to:
Description of development should read: Variation of condition 4 on planning decision 8/504/84: to allow music to be played during extended hours until 23.00 Monday to Thursday, 24.00 hours Fridays and Saturday, 22.30 hours on Sunday and until 01.00 on New Years Day.
The consultation period expires on 13 March 2007.
It is recommended that the application be delegated to the Director of Leisure and Environment to grant planning permission.
RESOLVED:
That following the completion of the consultation period, the decision be delegated to the Director of Leisure and Environment to consider any further representations received and to further negotiate the terms of the application specifically with regard to the permitted hours of operation of the premises.
DC192/06 EXCLUSION OF PRESS AND PUBLIC
RESOLVED:
“that under Section 100A of the Local Government Act 1972 the press and public be excluded from the meeting for the following item(s) of business on the grounds that it/they involve(s) the likely disclosure of exempt information as defined under paragraph 3 of Part I of Schedule 12A to the Act. It has been decided by the Council that in all the circumstances, the public interest in maintaining the exemption outweighs the public interest in disclosing the information.”
DC193/06 Update on prosecution against Mr G T Dunnell (agent) and Mr J Patel (applicant) for demolition without Conservation Area Consent of a substantial part of the dwelling at 26 RUSSELL ROAD, MOOR PARK, HERTS HA6 2LR, under Sections 9 and 74 of the Planning (Listed Buildings and Conservation Areas) Act 1990
RESOLVED:
That the report be noted;
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 37 - That public access to the report be denied;
That public access to the decision be immediate after the Development Control Committee meeting.
CHAIRMAN
D:\Docs\2018-04-07\0485bff716b6fff6859cf5776ed8e916.doc - 38 -